Between The French SAS (Société par actions simplifiée – simplified joint-stock company) company Digital Squad, 5 Impasse Morel 69003 Lyon, with a Share Capital of €17,434, registered in the Lyon Register of Businesses and Trade under RCS number 511150021, SIRET 51115002100026, represented by Mr. Ludovic MUGNIER, as CEO, duly empowered for the purposes of these terms and conditions. The Company may be reached by clicking on the contact form available via the home page of the website (www.squadata.net).
Hereinafter "The Company".
On the one hand,
And the legal person purchasing Services from The Company, Hereafter, "The Client"
On the other hand
The following has been presented and agreed :
The contract is concluded between The Company and The Client.
The Company provides Data Marketing services/solutions exclusively to professionals, sold through its websites (http://www.squadata.net and https://boostmydata.net).
The list and description of services provided by The Company can be consulted on the aforementioned sites.
The business activity of The Company is presented and explained in the same place as the services.
Digital Squad can be contacted as follows :
These General Terms and Conditions of Sale set out the rights and obligations of each party in the context of online sales of the Services offered by The Company.
The contract sets out the obligations of the parties.
The Services are exclusively for Professionals, acting in the context of their business activities, offered in the form of single use or as a subscription to which they subscribe. The Company reserves the right to refuse access to the Site to any person not using the Services in a professional capacity.
These General Terms and Conditions of Sale (T&C) apply to all sales of Services made through the websites of The Company that are an integral part of the Contract between The Client and The Company. The Company reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable T&Cs will then be those in force on the date payment for the order is made (or payment of the first instalment in the case of multiple payments). These T&Cs can be consulted on the website https://boostmydata.net. The Company ensures they are accepted clearly and without reserve by including a checkbox and confirmation click. The Client declares they have read these General Terms and Conditions of Sale fully and accepts them without limitation or reserve. The Client recognizes that they have benefitted from the necessary legal advice and information to ensure the offer matches their requirements. The Client declares they are in the position to enter into a legal contract under French law or have the right to represent the legal person on whose behalf they are acting. In the absence of evidence to the contrary, the information saved by The Company constitutes evidence of all transactions.
The prices of the Services sold on the websites are indicated in Euros not including tax and fixed on the Services descriptions pages. They are also indicated in euros including taxes (VAT + other possible taxes) on the Services ordering page. For all Services ordered outside France, the price is calculated not including tax automatically on the invoice. Customs duties and other local taxes or import duties or state taxes may be payable in certain cases. The Company is not liable for these duties and sums. They will be payable by the Client and are their responsibility (declarations, payment to appropriate authorities, etc.). As such the Company invites The Client to find out about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs required to access The Company’s websites shall be borne by the Client.
The price of different services can be subject to revision by The Company. When this occurs, The Company commits to telling The Client about the change to the price of its services a minimum of 7 days before the new prices are applied. The Client who does not accept the new price must terminate the services in accordance with the stipulated conditions. By default, The Client is deemed to have accepted the new prices.
In the context of offers for a subscription service, subscription fees will be subject to automatic revision, applicable at the end of each contract according to the application of the following formula:
The client must follow a series of steps specific to each Service offered by The Company to be able to complete its order. The stages described below are systematic :
The Client shall then receive confirmation of payment for the order by email, as well as confirmation of the order. To make sure the order is completed, The Client commits to providing valid pieces of identification.
The Company reserves the right to refuse an order, for example for any irregular order, made in bad faith or for any legitimate reason.
The essential characteristics of the services and their respective prices are available for the Client to see on The Company’s websites. The Client attests to the receipt of details on payment and contract fulfilment. This contractual information is given in detail and in the French language. In accordance with French law, it is subject to a summary and confirmation when the order is approved. The parties agree that the illustrations or photos of the Services offered for sale have no contractual value. How long the offer is valid for and its price is given on The Company’s websites, as well as the minimum contract period when it entails the regular or ongoing supply of Services. Except under specific conditions, rights are only granted herein to the legal person signing the order.
Unless otherwise stipulated in writing by The Client, The Client authorizes The Company to use their name, brand and logo for business references, notably in commercial documents and on its website, in any form.
Without prejudice to other obligations laid out herein, The Client commits to meeting the following obligations:
In the event of failure to comply with any one of these provisions in these general terms and conditions, or more broadly, any violation of laws and regulations by The Client, The Company reserves the right to:
The Company is committed to providing the Services with diligence and in accordance with standard practice, it being specified that it has an obligation of means, to the exclusion of any obligation of performance, that The Client recognizes and expressly accepts.
The Company is not liable for The Client’s use of the Services.
The Company shall not be held liable for any loss of data, or for impairment and/or inaccuracies in the Client data in the context of its use of the Services. The Client must ensure that they save a copy of the information they deem necessary and may not claim any damages in this respect.
The Company reserves the right to temporarily block access to services for maintenance purposes. Likewise, The Company shall not be held liable for the difficulties or temporary impossibility to access the services that result from external circumstances, force majeure, or due to network or telecommunications failures.
In any case, in the event that The Company breaches its obligations as set out in this contract, the liability that may be engaged by it under these terms and conditions is expressly limited to foreseeable loss or damage (to the exclusion of any indirect loss such as ‘consequential damages’), up to a limit of ten per cent (10%) of the total amount not including tax paid to The Company by The Client in the six (6) months prior to the act for which liability is incurred.
Payment is payable immediately on ordering or when the service is completed during the period when it is a subscription. The Client can pay by card/bank transfer or check. Cards issued by banks outside France must be international cards (Mastercard or Visa). Secure online payment via bankcard is carried out by our payment service provider. The information sent is encrypted in accordance with standard practice and cannot be read when sent over the network. The Company’s partner payment service provider is PayBox (http://www1.paybox.com/)
Once payment has been initiated by The Client, the transaction is immediately debited once the details have been approved. In accordance with article L. 132-2 of the Monetary and Financial Code, The Client authorizes the Company to debit their card for the amount relative to the price indicated. The Client confirms they are the legal holder of the card to be debited and that they have the legal right to use it. In the event of an error or failure to debit the card, the Sale is immediately cancelled by law and the order cancelled.
Whatever the service subscribed to, the Company makes invoices. The Client can find a link to download these invoices in their Personal Space.
The Company reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The Client will be informed of such modifications and/or terminations by any available means, with a notice period of 5 days.
In the event that The Client does not comply with these General Terms and Conditions, The Company reserves the right to terminate its access to Services, with immediate effect, by letter, fax or email. The termination comes into effect on the date The Company writes to The Client applying this clause.
Carrying out the obligations of The Company under these terms and conditions is suspended in the event of an accident or incident of force majeure that prevents them from being carried out. The Company will inform The Client of such an event at the earliest delay.
If one of the clauses of this contract is cancelled, this cancellation shall not invalidate the other clauses, which remain in force between the two parties. Any contractual modification is valid only after a written agreement is signed by both parties.
The sites Squadata.net and Boostmydata.net are protected by the law in force in France. Digital Squad is the exclusive owner of all the intellectual property rights on the sites and their content (texts, photographs, illustrations, images, logos, and so on.).
The content published on the Sites is subject to copyright and copying or distributing it, without express written consent from Digital Squad, is an infringement punishable by penal penalties. "Squadata" and "BoostMyData" are trademarks of Digital Squad. Any unauthorized copying of these brands, logos and distinctive signs constitutes an infringement punishable by penal penalties. Offenders may be prosecuted under civil and criminal law and may incur the penalties specified in clauses L. 335.2 and L. 343.1 of the Intellectual Property Code.
In compliance with the law on information technology, files and civil liberties of January 6th, 1978, you have the right to access, rectify, modify and delete all personal data. By accepting these general terms and conditions of sale, you agree that we may gather and use such data for this contract. By entering your email address on one of The Company’s websites, you will receive emails containing information and promotional offers on the Services published by The Company and its partners. You can unsubscribe at any time via the contact form.
These general terms and conditions are governed by French law. In the event of a dispute as to the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Lyon (France) have exclusive jurisdiction.
Article 16: Language
These general terms and conditions are written and interpreted in the French language. In the event of a contradiction in translation, interpretation will be based exclusively on the French version.These General Terms and Conditions of Sale came into effect on August 1st, 2015.